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Loknath Nahak v. Commissioner Coalmines Provident Fund Organisation

Chhattisgarh HC6 Aug 2025WPS/63/2022

Case brief

AI extract

What is this about?

Chhattisgarh HC, WPS No. 63 of 2022, decided 07.08.2025 by Rakesh Mohan Pandey, J.: writ petition by retired SECL employee Loknath Nahak seeking quashing of Annexure P/1 letter and interest @ 12% p.a. on CMPF dues paid 2 years 7 months 15 days late; petition disposed of, petitioner given 30 days to seek interest by representation, authority to decide within 90 days per law.

What did the court decide?

Liberty reserved to the petitioner to make a representation before the competent authority claiming interest on the CMPF amount within 30 days; the competent authority directed to decide it expeditiously, strictly in accordance with law, preferably within a further period of 90 days from receipt of a copy of the order. ¶26

Loknath Nahak Vs Commissioner Coalmines Provident Fund Organisation — Chhattisgarh HC (2025) — LawSathi Research

REKHA SINGH

NAFR

HIGH COURT OF CHHATTISGARH AT BILASPUR

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WPS No. 63 of 2022

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1 - Loknath Nahak S/o Late Shri Uchhab Nahak Aged About 63 Years R/o In Front Of State Bank Of India, Bhatakumarada, District Ganjam (Odisha).

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... Petitioner(s)

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versus

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1 - Commissioner Coalmines Provident Fund Organisation Police Line Heerapur, Dhanbad, Jharkhand.

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2 - Regional Commissioner - 1 Coalmines Provident Fund, Regional Office, Seepat Road, P.O. Chattidih, Bilaspur Chhattisgarh.

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3 - Assistant Commissioner Coalmines Provident Fund, Regional Office, Seepat Road, P.O. Chattidih, Bilaspur Chhattisgarh.

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---- Respondents

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For Petitioner : Mr. Uttam Pandey, Advocate For respondents : Mr. Rajkumar Gupta, Advocate

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Hon'ble Shri Justice Rakesh Mohan Pandey Order on Board

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07.08.2025

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The petitioner has filed this petition seeking the following relief (s) :

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“10.1 That, this Hon'ble Court be pleased to summon the entire record pertaining to the case of the petitioner from the office of respondents and after perusal of record further be pleased to quash the impugned letter (Annexure - P/1) by issuing a writ in the nature of Certiorari.

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10.2 This Hon'ble Court be pleased to command the respondents to release the interest on the amount of P.F. at the rate of 12% p.a. from the date of his retirement till the amount was paid to the petitioner and further be pleased to direct them to pay the

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-2-

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balance interest accrued from the date of release of P.F amount i.e. 16-03-2021 till the date of payment @ 12% p.a. in the interest of justice.

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10.3 Appropriate compensation and the litigation expenses be also granted in the favour of the petitioner and against the respondents as for a small amount, the opposite party has compelled the petitioner to approach before this Hon'ble Court and the petitioner has to take shelter of this Hon'ble Court to get his legal dues.

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10.4 The Hon'ble court be pleased to grant any other writ order or directions in the circumstances of the case in favour of the petitioner.”

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Mr. Pandey, the learned counsel appearing for the petitioner would submit that the petitioner got retired from respondent/SECL on 31.07.2018. He would further submit that the amount of CMPF was paid to the petitioner with delay of 2 years, 7 months and 15 days and interest on the said amount has not been paid. He would pray to allow this petition.

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Mr. Gupta, the learned counsel appearing for the respondents would submit that the petitioner has not impleaded SECL/employer as party respondent.

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Heard the learned counsel appearing for the parties and perused the documents placed on record.

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Taking into consideration the submissions made by the parties, this petition is disposed of reserving liberty in favour of the petitioner to make a representation before the competent authority claiming therein interest on the amount of CMPF within a period of 30 days and in turn, the competent authority is directed to decide it expeditiously strictly in

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accordance with law preferably within a further period of 90 days from

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the date of receipt of a copy of this order.

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